BILL NUMBER: SB 155	CHAPTERED  07/26/99

	CHAPTER   169
	FILED WITH SECRETARY OF STATE   JULY 26, 1999
	APPROVED BY GOVERNOR   JULY 23, 1999
	PASSED THE SENATE   JULY 15, 1999
	PASSED THE ASSEMBLY   JULY 1, 1999
	AMENDED IN ASSEMBLY   JUNE 29, 1999
	AMENDED IN ASSEMBLY   JUNE 1, 1999
	AMENDED IN SENATE   APRIL 6, 1999
	AMENDED IN SENATE   MARCH 9, 1999

INTRODUCED BY   Senator Knight and Assembly Member Frusetta
   (Principal coauthor: Senator McPherson)
   (Principal coauthor: Assembly Member Wiggins)
   (Coauthor:  Senator O'Connell)
   (Coauthors:  Assembly Members Maldonado, Runner, and Thomson)

                        JANUARY 7, 1999

   An act to amend Section 97 of the Streets and Highways Code, and
to amend Section 42010 of the Vehicle Code, relating to highways, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 155, Knight.  Highways:  Safety Enhancement-Double Fine Zones.
   (1) Existing law, until January 1, 2000, requires the Department
of Transportation, in consultation with the Department of the
California Highway Patrol, to develop specified pilot projects to
designate and identify certain highway segments as "Safety
Enhancement-Double Fine Zones" and impose increased fines for traffic
violations occurring within these zones.  Existing law requires the
department to report to the Legislature on January 1, 1998, on the
results of these pilot projects and requires the department or local
authorities, with respect to highways under their respective
jurisdictions, to place and maintain certain warning signs in the
designated zones.
   This bill would extend the dates specified above to January 1,
2004, as to the specified pilot projects and to January 1, 2003, as
to the date of the report, and would require the department to update
the January 1, 1998, report, and to include in the report, in
consultation with the Department of the California Highway Patrol,
recommendations of specific criteria for designation of a highway as
a Safety Enhancement-Double Fine Zone.
   The bill would also require the department to develop pilot
projects that would be administered, in part, by certain local
authorities, for designated portions of State Highway Route 101,
State Highway Route 138, and State Highway Route 152.  The bill
thereby would create a state-mandated local program by imposing
additional duties upon those local authorities.
   The bill would make conforming changes in other provisions of
existing law.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 97 of the Streets and Highways Code is amended
to read:
   97.  (a) The department, in consultation with the Department of
the California Highway Patrol, shall develop nine pilot projects, six
in northern California and three in southern California.  The
portions of the highways involved in the projects shall be designated
and identified as "Safety Enhancement-Double Fine Zones" and shall
be in the following locations:
   (1) On Route 37, between the intersection with Route 121 and the
intersection with Route 29.
   (2) On Route 4, between the intersection with the Cummings Skyway
and the intersection with Route 80.
   (3) On Route 74, between the intersection with Route 5 and the
intersection with the Riverside-Orange County line.
   (4) On Route 46, between the intersection with Route 101 and the
junction with Route 41.
   (5) On the Golden Gate Bridge.
   (6) On Route 12, between the intersection with Walters Road in the
City of Suisun and the intersection with Lower Sacramento Road in
the City of Lodi.
   (7) On Route 138, between the intersection with Avenue T and
Pearblossom Highway and the intersection with Interstate Highway
Route 15.
   (8) On Route 101, between the intersection with Boronda Road and
the intersection with the San Benito-Monterey County Line.
   (9) On Route 152, between the junction with Route 156 at the Don
Pacheco "Y" and the intersection with Ferguson Road.
   (b) (1) The department shall adopt rules and regulations
prescribing uniform standards for warning signs to notify motorists
that, pursuant to Section 42010 of the Vehicle Code, increased
penalties apply for traffic violations that are committed within
Safety Enhancement-Double Fine Zones.  The rules and regulations
adopted by the department shall include, but not be limited to, a
requirement that Safety Enhancement-Double Fine Zones be identified
with signs stating:  "Special Safety Zone Begins Here" and "Special
Safety Zone Ends Here."
   (2) The department or local authorities, with respect to highways
under their respective jurisdictions, shall place and maintain the
warning signs specified in paragraph (1) in areas designated under
subdivision (a).
   (3) Notwithstanding Section 7550.5 of the Government Code, the
department shall report to the Legislature on January 1,  2003, on
the results of these pilot projects, including a determination of
whether the projects were successful.  In its report, the department
shall update the January 1, 1998, report, and shall provide a
detailed analysis on the impact of the pilot projects on highway
safety, including, but not limited to, the number of accidents,
traffic injuries, and fatalities in the project areas; and, in
consultation with the Department of the California Highway Patrol,
recommend specific criteria for designation of a highway as a Safety
Enhancement-Double Fine Zone.  A determination that the projects were
successful shall be based upon a showing that a statistically
significant decrease in the number of accidents, traffic injuries,
and fatalities has occurred in the project areas.
   (c) Designation of a highway as a Safety Enhancement-Double Fine
Zone does not increase the civil liability of the state under
Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code or any other provision of law relating to civil
liability.
   (d) (1) Only the base fine shall be enhanced pursuant to this
section.
   (2) Notwithstanding any other provision of law, any additional
penalty, forfeiture, or assessment imposed by any other statute shall
be based on the amount of the base fine before enhancement or
doubling and shall not be based on the amount of the enhanced fine
imposed pursuant to this section.
   (e) The pilot projects specified in subdivision (a) shall not be
elevated in priority for state funding purposes.
   (f) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, which is enacted on or before January 1, 2004, deletes or
extends that date.
  SEC. 2.  Section 42010 of the Vehicle Code is amended to read:
   42010.  (a) For any offense specified in subdivision (b) that is
committed by the driver of a vehicle within an area that has been
designated as a Safety Enhancement-Double Fine Zone pursuant to
subdivision (a) of Section 97 of the Streets and Highways Code, the
fine, in a misdemeanor case, shall be double the amount otherwise
prescribed, and, in an infraction case, the fine shall be one
category higher than the penalty otherwise prescribed by the uniform
traffic penalty schedule established pursuant to Section 40310.
   (b) A violation of any of the following provisions is an offense
that is subject to subdivision (a):
   (1) Chapter 3 (commencing with Section 21650) of Division 11,
relating to driving, overtaking, and passing.
   (2) Chapter 7 (commencing with Section 22348) of Division 11,
relating to speed limits.
   (3) Section 23103, relating to reckless driving.
   (4) Section 23104, relating to reckless driving which results in
bodily injury to another.
   (5) Section 23109, relating to speed contests.
   (6) Section 23152, relating to driving under the influence of
alcohol or a controlled substance, or a violation of Section 23103,
as specified in Section 23103.5, relating to alcohol-related reckless
driving.
   (7) Section 23153, relating to driving under the influence of
alcohol or a controlled substance, which results in bodily injury to
another.
   (8) Section 23220, relating to drinking while driving.
   (9) Section 23221, relating to drinking in a motor vehicle while
on the highway.
   (10) Section 23222, relating to driving while possessing an open
alcoholic beverage container.
   (11) Section 23223, relating to being in a vehicle on the highway
while possessing an open alcoholic beverage container.
   (12) Section 23224, relating to being a driver or passenger under
the age of 21 possessing an open alcoholic beverage container.
   (13) Section 23225, relating to being the owner or driver of a
vehicle in which there is an open alcoholic beverage container.
   (14) Section 23226, relating to being a passenger in a vehicle in
which there is an open alcoholic beverage container.
   (c) This section applies only when traffic controls or warning
signs have been placed pursuant to Section 97 of the Streets and
Highways Code.
   (d) (1) Notwithstanding any other provision of law, the enhanced
fine imposed pursuant to this section shall be based only on the base
fine imposed for the underlying offense and shall not include any
other enhancements imposed pursuant to law.
   (2) Notwithstanding any other provision of law, any additional
penalty, forfeiture, or assessment imposed by any other statute shall
be based on the amount of the base fine before enhancement or
doubling and shall not be based on the amount of the enhanced fine
imposed pursuant to this section.
   (e) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1, 2004, deletes or
extends that date.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to ensure, at the earliest possible time, that public
safety is protected by enhancing the fines on sections of highways
that pose particularly hazardous conditions for unsafe drivers, it is
necessary that this act take effect immediately.
